Social media firms to be bound by statutory duty of care backed by tough sanctions
SOCIAL media firms will be placed under a new statutory duty of care, and fined, prosecuted or even barred from operating in the UK if they fail to protect users from online harms, The Daily
Telegraph can reveal. The Government will create an independent regulator to enforce the measure, with far-reaching powers to require firms to take down illegal or harmful material.
Tech giants will have to take reasonable and proportionate action to protect children from content ranging from illegal material such as sex abuse to potentially legal but harmful cyberbullying, self-harm, violence and pornography.
Companies that commit the worst breaches, such as allowing terrorists or paedophiles to use their services, will be hit with unprecedented enforcement action, from multi-million pound fines to potential criminal prosecutions of named directors. Overseas tech giants such as Facebook could even be blocked from access to UK users.
The Telegraph has been briefed on the contents of the White Paper, which has been agreed by Sajid Javid, the Home Secretary, and Jeremy Wright, the Culture Secretary. Due to be circulated among Cabinet ministers, it may hit opposition over some of the more aggressive enforcement actions.
According to sources familiar with the plans, its “core” powers will include the ability to levy “substantial” fines. These could be tied to a firm’s turnover – meaning fines would run into millions of pounds – with bigger penalties if firms host substantial amounts of illegal material or fail to respond quickly.
The regulator will “name and shame” firms that breach standards and force them to implement an “action plan” within a specified time-limit.
Ministers believe fines may not be enough and are proposing to consult on more severe sanctions including asking internet service providers to block websites or apps in the UK. A “senior management liability” could see executives held personally responsible for breaches, facing fines or even criminal prosecution. Firms based abroad could be forced to have a Ukbased director.
Under a third option, the Government could “disrupt” the activities of tech companies which allow terrorists to use their services, with search engines barred from carrying links to companies that are breaking the law.
Mr Javid is understood to have driven the measures relating to child protection and terrorism.